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Employment - Legal Updates

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Dec
01
2010

Small Businesses Exempt from Right to Request Time to Train
#Employment

The right for employees to request time off from work to undertake study or training was introduced in April of this year to those employers with 250 or more employees. This right is due to be extended from April 2011 to all employees....

Dec
01
2010

Integration of an Agency Worker
#Employment

The case of Tilson -v- Alstom Transport demonstrates that a significant degree of integration of an agency worker into an organisation may not necessarily lead to a contractual relationship being implied....

Dec
01
2010

Collective Consultation - When Does the Obligation Arise?
#Employment

It is established under s.188 TULRA 1992 that the obligation of an employer to collectively consult arises when the employer is ‘proposing` to dismiss as redundant 20 or more employees....

Dec
01
2010

Challenges Disabled Job-seekers face in the Job Market
#Employment

In the current climate of job losses and costs being cut, hunting for employment can be very difficult and demoralising. Disabled job-seekers will argue that the situation is far worse for them and that their biggest barrier to getting a job is getting to the interview stage in the first place....

Nov
30
2010

Here we snow again ...
#Employment

In January 2010 up to 124 million working hours were reported to have been lost in a single week because of the adverse weather conditions at the time. With severe weather occurrences seemingly on the rise it may be time to dig out those adverse weather polices that you all have in place! An adverse weather policy should set out clear guidance on what employees should do in the event of workplace closures, disruptions to public transport or needing to work from home. Maybe it is also time to review those flexible working polices......

Nov
30
2010

Further BA strike threatened over travel perks
#Employment

The British Airways dispute continues to rumble on with the news that BA cabin crew are to be balloted again over strike action before Christmas. UNITE has confirmed that there will be no actual strike action over Christmas....

Nov
30
2010

Have you managed your workers` annual leave?
#Employment

A poll of more than 3,200 UK workers by recruitment website Monster.co.uk found that 24 per cent said they still have 10 days holiday, or more, left to take before Christmas. The Public sector was reported to have the highest number of workers with a large proportion of holiday left - maybe as a result of wanting to appear indispensible at these hard times....

Nov
26
2010

Most people jump for joy at the thought of retirement - or do they?
#Employment

The evidence is that older workers are seen as valuable employees who bring vital skills, knowledge and experience to their jobs. Negative stereotypes about their abilities seem to be declining. The focus from managers is moving to talent and performance rather than age which is helping to reduce the wasteful effects of discrimination, with age no longer having such a strong and unfair influence on the way decisions are made about people in connection with recruitment, job performance or selection from redundancy....

Nov
23
2010

Are you protected from employee data theft?
#Employment

Insider data theft is rife in the UK, a survey and figures from the High Court have shown. The survey of more than 1,000 UK employees by security firm Imperva found 72% admitted taking data, with customer records (50%) topping the list, followed by merger and acquisition plans (17%)....

Nov
18
2010

Will you send your employees abroad?
#Employment

Prime Minister David Cameron and Chinese Prime Minister Wen Jiabao recently witnessed the signing of a deal worth £750 million for Rolls Royce at the UK-China Summit. China is the world`s second biggest economy. Bilateral trade and investment is growing but there is scope for much more and exporting is important for UK growth and UK jobs. It is predicted that many small and medium sized enterprises from Britain will be expanding into China in areas such as low carbon growth, urban design and information and communication technology....

Nov
18
2010

Socio-economic duty scrapped but Government backs flexible working for all
#Employment

The Government has decided to abandon implementation of the "socio-economic" duty, which was to come into force under the Equality Act. This proposed duty was part of Harriet Harman`s Equalities Bill and had been opposed by the Conservatives when in opposition....

Nov
15
2010

Woman who claimed the way she was treated by her employer was worse than suffering from cancer wins £8,000
#Employment

Sandra Goad, who had battled breast cancer in 2001, was awarded £8,000 in damages from Relate, her former employer, by the Leeds employment tribunal....

Nov
12
2010

Lap Dancer loses unfair dismissal claim
#Employment

Nadine Quashie had brought an unfair dismissal claim against Stringfellows after she was let go in December 2008. However the Tribunal found it had no jurisdiction to hear the claim as she was not an employee, but was self employed....

Nov
10
2010

Holiday pay whilst on sick leave - the saga continues
#Employment

In Souter v Royal College of Nursing Scotland ETS/106313/10 the Scottish ET considered the issue of whether an employee was entitled to payment for previous annual leave years on the termination of her employment. It also considered the relationship between PHI and holiday entitlement....

Nov
10
2010

TUPE
#Employment

The European Court has handed down its decision in Albron Catering v FNV Bondgenoten Roest. This case afforded protection to employees who were assigned on a permanent basis to an undertaking being transferred by a group company even through their contracts of employment were with a different group company....

Nov
10
2010

Redundancy Selection - evidence to support scores
#Employment

In the case of Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM, the Claimant alleged that his employer failed to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy. The Claimant had asked for an explanation of why he had received certain scores, in particular in relation to subjective criteria, such as flexibility. He was told by his employer that it believed the scores given were reasonable and appropriate. The scorers were not asked to reassess their scores in light of his comments....

Nov
05
2010

Back Small Business - the Government`s 6 point strategy.
#Employment

Now is a good time for SMEs to put the Government to the test in its commitment to "Back Small Business", set out in its strategy document with that title, released this week. This follows the review of employment laws to be led by Lord Young also announced this week. Lord Young got attention by proposing an increase in the qualifying period for unfair dismissal claims to 2 years (see our blog "Return to 2 year qualifying period? Smaller employers encouraged to be brutally honest.")...

Nov
04
2010

Job vacancies are decreasing? True of false?
#Employment

That all depends on what you read. According to the latest "Report on Jobs" from the Recruitment & Employment Confederation (REC) and KPMG, October 2010 saw the slowest rates of growth in 14 months for both permanent and temporary placements, and growth in the number of vacancies was also recorded at a 12-month low....

Nov
02
2010

Return to two year qualifying period? Smaller employers encouraged to be "brutally honest".
#Employment

The Government`s "enterprise tsar", Lord Young, has confirmed that he will be consulting over making changes to unfair dismissal law, including the possibility of putting the qualifying period for bringing an unfair dismissal claim back up to 2 years. This is part of David Cameron`s "brutally honest review" into the burdens on small and medium sized businesses. The qualifying period started out at 6 months in 1971, increased to 12 months in 1980 (2 years for small businesses with 20 or fewer employees), then increased to 2 years for all employees (regardless of the size of the employer) in 1985. It is 12 months at present, reduced from 2 years in 1999. Lord Young believes that putting the qualifying period up in the 1980s actually increased employment....

Oct
29
2010

Brazilian Judge orders McDonalds to pay $17,500 to employee who suffered huge weight gain during 12 year empoyment
#Employment

The employee had worked at McDonalds for over 12 years, and alleged he had suffered excessive weight gain, owing to him being asked to sample the products on sale, as well as being provided with a free lunch....

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